State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_26 > GS_26-6

§26‑6.  Dissenting surety not liable to surety on stay of execution.

Whenever any judgment shall beobtained against a principal and his surety, and the principal debtor shalldesire to stay the execution thereon, but the surety is unwilling that such stayshall be had, the surety may cause his dissent thereto to be entered by thejudge or clerk, which shall absolve him from all liability to the surety whomay stay the same. And the sheriff or other officer, who may have thecollection of the debt, shall make the money out of the property of theprincipal debtor, and that of the surety for the stay of execution, if he can,before he shall sell the property of the surety before judgment. (1829,c. 6, ss. 1, 2; R.C., c. 110, s. 3; Code, s. 2095; Rev., s. 2845; C.S., s.3966; 1973, c. 108, s. 16.)